Norms of Soft Law as a New Source of Financial Law of Russia
Norms of Soft Law as a New Source of Financial Law of Russia
Author(s): Gulnara Ruchkina, Sergey G. EREMIN, Natalia V. Zalyubovskaya, Irina I. Romashkova, Evgeniy L. VENGEROVSKIYSubject(s): Law, Constitution, Jurisprudence
Published by: ASERS Publishing
Keywords: soft law; financial law; norms of soft law;
Summary/Abstract: The goal of this study is the analysis of norms of soft law as a new source of financial law in the Russian Federation. Themethodological basis of the research of the problem involves General scientific dialectic method of scientific knowledge, especially legal methods (structural-functional, legal and dogmatic), methods, legal modeling, comparative and historical jurisprudence, as well a generic methods (analysis and synthesis, description, observation, induction and deduction, comparison, generalization, formal logical and systematic). A brief review of research on the topic of ʼsoft lawʼ, a definition of the term ʼsoft lawʼ. Conducted theoretical analysis of the concept of ʼsoft lawʼ. Analyzed the specific use of the norms of soft law as a new source of Finance. The examples and identifies advantages of the use of norms of soft law as a new source ofFinance. In General, ʼsoft-lawʼ standards fill in the gaps of legal regulation, both in international and national aspect, complement legal rules by means of references, interpretations or direct reproduction in the official sources of law, and, insome cases, act as a subsidiary regulator of international legal relations. The introduction into the fabric of international financiallaw, soft law norms, on the one hand, will increase the risks contributing to arbitrarily interpret and apply financial rules, on theother – may cause enough skepticism about the use of norms of soft law as a new source of Finance. However, there is nodoubt that relative certainty, is always better than uncertainty. Thus, norms of soft law as a new source of financial law inRussia should be considered as an effective way to reduce the uncertainty in the financial relations system as a real alternativeto soft law norms are not so much rules of law, but rather the lack of legal regulation insinuations when the objective need inthe settlement.
Journal: Journal of Advanced Research in Law and Economics (JARLE)
- Issue Year: IX/2018
- Issue No: 31
- Page Range: 278-286
- Page Count: 9
- Language: English
- Content File-PDF